The right to a speedy trial is fundamental, and prolonged incarceration without justifiable cause infringes on the accused's rights, warranting bail under stringent provision scrutiny.

JUDGMENT :

Mr. Sumeet Goel, J.

1. The instant petition is the third petition under Section 483 of BNSS , 2023 for grant of regular bail to the petitioner in case bearing FIR No.175 dated 27.09.2019, registered for the offences punishable under Sections 21 , 22, 29 of the NDPS Act and Section 25 of the ARMS ACT (offence under Sections 25 of NDPS Act and Sections 420 , 465, 468, 471 and 120-B of IPC and Section 12 of the PASSPORT ACT , 1920 added later on) at Police Station Sadar Kapurthala, District Kapurthala.

2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:-

“SHO Police Station Sadar Kapurthala “Jai Hind” today I SI along with ASI Puran Chand No.397/Kapurthala ASI Tarsem Singh No.868/Kapurthala HC Mangat Ram No.880 HC Lakhvir Singh No.305/KPT CT Kuldeep Singh 886 were on patrolling duty in search of anti-social elements on private vehicle along with laptop printer and were going from Police Station Sadar Kapurthala to village Saidowal, Bhandal Dauna, Sidhwa Dauna etc. and when Police party while patrolling reached at a little distance ahead of village Saidowal then the secret informer signalled me SI to stop my vehicle and after getting my vehicle stopped took me to one side and gave the information that Vikramjeet Singh alias Vicky alias World son of Balwinder Singh alias Billa resident of Mohalla Guru Ka Khuh Maharaja Ranjit Singh School Wali Gali near Dhoda Chowki Tarn Taran Police Station City Tarn Taran and Gurpreet Singh son of Harjit Singh resident of House No.361 Aman Nagar Mohalla Near Chuhad Wal Chungi Police Station City Kapurthala District Kapurthala and that Vikramjeet Singh alias Vicky alias World is the smuggler of selling intoxicants and against him already many cases stands registered for committing heinous crimes and for keeping intoxicant substances and illegal arms and today also both of the aforesaid young person on I 20 car bearing No.PB02D-V-6641 white in colour are coming from Kulara side towards Kapurthala and in case at this time after setting up the naka at London Palace Bhandal Dauna Road and the checking of the vehicles got conducted then both these young person can be got apprehended with intoxicant substance and illegal weapons. Since the said information is truthful and reliable as such the offences under Section 21, 22, 29, 61, 85 of NDPS Act and 25, 54, 59 of Arms Act is made out, thus, after writing the Ruga the same is being sent to the Police Station for registration of case against the aforesaid person by hand Constable Kuldeep Singh No.886. After registering the case the FIR number be informed. Control room be informed. After issuing the special reports the senior officials be informed. ISI along with other officials is going to the spot for setting up the naka at London Palace Bhandal Dauna Road. Sd./- Avtar Singh SI Police Station Sadar Kapurthala dated 27.09.2019 today within the jurisdiction of village Saidowal 5:50 PM.”

3. Learned counsel for the petitioner has argued that the petitioner has been falsely implicated into the FIR in question. Learned counsel has further submitted that no recovery, as alleged in the prosecution case, was effected from the petitioner and the same is in fact been planted upon him. Learned counsel has further submitted that the mandatory provisions of NDPS Act, 1985 have not been complied with. It has been further urged that Rule 66 of NDPS Act permits a person to carry Buprenorphine Injections and thus no offence under the NDPS Act is made out against the petitioner. Learned counsel has further argued that no proper independent witness was ever enjoined in the case and no plausible explanation